How to rent a premise(room)?
To find a premise(room) and to conclude the contract so that a rent it
was included in expenses, and in case of cancellation of the contract to not suffer losses.
That renders the greatest influence
on efficiency of the decision:
The status arendodatelja (the private person, the businessman, the commercial organization,
municipality or the state).
Term of rent.
Sources of the information. Internet - resources:
• http://www.kraft.snc.ru%20 - Joint-Stock Company " Крафт ",
Agency on trade in real estate "Rielter".
• http://www.alyans.biz - Agency on trade
in the real estate "Alliance", Professional services in area rieltorskoj
activity, all operations with the real estate.
• http://kums.sakh.ru%20 - Committee on management
of the municipal property of. JUzhno-Saha-linska
The regional organizations, capable to assist:
• Committees on management of the municipal property
• Periodicals: the newspaper " the real Estate of Sakhalin "
• the Civil code from 26.01.96 № 14-ФЗ (an item of an item 606-625, an item of an item 650-655).
• the Law of the Russian Federation from 27.12. 03 N 184-ФЗ " About technical regulation ".
• the Decision of the Government of the Russian Federation from August, 13, 1997 N 1013 " About the
statement of the inventory, subject to obligatory certification, and the list of works and the
services subject to obligatory certification " (in red. 29.04.02).
Advice(councils) and recommendations:
1. Under accommodation of the enterprise the premises can not be
used, therefore to rent the apartment for the enterprise it is impossible. If you want to
buy an inhabited apartment, all over again learn(find out) how to transfer(translate) her(it) in a uninhabited
premise(room) and how
many it will cost.
2. If your enterprise activity is subject to
obligatory certification you preliminary should address in body on certification
with the purpose to find out the characteristic of a premise(room) which will
meet the requirements of the legislation on standardization.
3. If you work on the simplified system of the account and the
reporting (patent) or the uniform tax on vmenennyj the income to you, on seen,
all the same, whether charges on rent are included in expenses. In this case you can rent
a premise(room) at anyone arendodatelja.
4. If it is necessary for you to include a rent in expenses it is impossible to
rent a premise(room) at the citizen who is not being the businessman since tax bodies
do not consider possible(probable) to include such rent in expenses.
5. The contract of rent for 1 year and more should be
registered in registration chamber as the bargain with the real estate, and contracts less than 1
– are not subject to such registration.
6. Search of a premise(room) can be conducted through the following sources of the information:
• agencies of the real estate
• the Specialized periodicals
• Municipal and state bodies
• Companies of proprietors of habitation
• Housing co-operatives
• Garage cooperative societies
• the Large enterprises and the organizations reducing the activity and liberating
• the ZHilishchno-operational organizations
7. At the conclusion of the contract of rent of a premise(room) pay
attention to the following moments:
Transmitted to you in rent the premise(room) should be precisely described,
that it(he) precisely could be defined(determined), possible to apply(put) the plan of a premise(room)
on the contract.
Otherwise you risk that the lease of a premise(room) at
any moment will be recognized as the prisoner.
• Powers arendodatelja on delivery of a premise(room) transmitted to you in rent are
necessary for checking up. If the premise(room) belongs arendodatelju also on the right of
rent in the contract made he(it) with the proprietor of a premise(room) should be a condition about an
opportunity of his(its) transfer in subarendu and conditions of such transfer. In absence of
special conditions about transfer of a premise(room) in subarendu it is necessary to receive special sanctions
of the proprietor of a premise(room) to fulfilment of such bargain. Make to itself a copy of
such contract or the sanction of the proprietor.
• the Size of a rent should be established in the contract, differently it(he) will
be considered as the prisoner usually in the contract arendodatelja the sum of a rent and the right is
underlined its(her) unilateral change. By the general(common) rule change of a rent probably
is not more often than an once per one year. Except for the instruction(indication) for the concrete sum, the
rent can be established in percentage of the income received with the help of
rented property, and also different ways.
• the Bases of preschedule cancellation of the contract of rent are established by the law in clauses(articles)
620 civil codes of the Russian Federation, however by the contract of
rent the additional bases of cancellation that can derogate from interests of the tenant can be stipulated.
• By the general(common) rule on expiry of the term of the contract of rent the tenant has
the right to the primary conclusion with it(him) of the contract of rent, however such
right can be excluded by the contract. The right on renewal of the contract operates with
other things being equal, thus, if you are not ready to pay the raised(increased) payment
the contract can be made not with you.
• By the general(common) rule, major overhaul of a premise(room) is made due to means
arendodatelja, and operating repair – due to means of the tenant, however the given rule
can be changed by the contract.
• In the contract it is desirable to specify the size of a rent both without the VAT, and in
view of the VAT (to allocate with the VAT). In a case if the VAT in structure of a rent arendodatelem
is not showed to the tenant about it it is desirable to specify in the contract.
8. Necessarily make the certificate(act) of acceptance of a premise(room) in which specify
all lacks: the window frame is not completely closed, two electrosockets do
not work etc. to you it is necessary to return a premise(room) in that kind which
will be reflected in the certificate(act) and if in the certificate(act) you will not note all lacks
you will be quite probably compelled to pay for their correction upon termination of term of rent.
9. Improvements of the rented premise(room) share on separable and
inseparable. The tenant can take away separable improvements on the termination(ending) of
the contract of rent, and inseparable, made without the consent of the proprietor remain arendodatelju
without any indemnifications to the tenant. As opinion of the tenant and arendodatelja
concerning separability of improvements can miss, better
consider(examine) any improvements as inseparable and receive from arendodatelja the sanction to their realization
or the consent to a recognition their separable.
10. Check up, whether you have the right on reception in rent of a premise(room)
on favourable terms. The regional legislation on support of small business
can contain mechanisms of support through maintenance of them on
favourable terms premises(rooms) for realization of enterprise activity. Premises(rooms) can
be given through business - incubators, funds of the liberated premises(rooms) which
are taking place in the state, municipal property.